Section 121.09 - Responsive Filings(1)Purpose. A Responsive Filing shall state the grounds upon which a Party supports or contests the Rate Filing. Direct testimony and the documents or other exhibits in the Responsive Filing constitute the direct case of that Party.(2)Timing. A Party, other than the State Rating Bureau, shall file a Responsive Filing no later than ten days after the transcript of the cross-examination of the Filer's witnesses is filed. The State Rating Bureau may file a Responsive Filing no later than two days after the other Responsive Filings are due.(3)Contents. A Responsive Filing must consist of sequentially numbered pages, must use any format prescribed by the Presiding Officer and, subject to limits on intervention set pursuant to 211 CMR 121.08, must contain: (a) a title stating the nature of the Proceeding, and the complete name and address of the Party submitting the Responsive Filing;(b) the name and address of counsel, or other representative, if the Party is represented, as prescribed in 211 CMR 121.03(6);(c) a statement of the issues the Party is presenting for consideration;(d) a statement of the specific components of the Rate Filing that the Party is addressing;(e) a statement of the legal grounds on which the Party relies to support or oppose the Rate Filing as a whole, or any part of the Rate Filing;(f) any alternative rate adjustment that the Party recommends;(g) sworn written testimony of all witnesses that includes all information and commentary submitted in support of any recommendations;(h) for every witness whose testimony is part of the Responsive Filing, the following information: 1. name and business address;2. the specific part of the Responsive Filing that is the subject matter of the witness's testimony; and3. the witness's qualifications to testify on that subject matter;(i) all information, including data, statistics, schedules, and exhibits, submitted in support of recommendations; (j) other information as prescribed from time to time by the Presiding Officer.(4)Form of Evidence. In his or her discretion, the Presiding Officer may permit a Party to introduce evidence orally rather than in pre-filed written format.(5)Amendments. A Party may move to amend or make additions or corrections to its Responsive Filing, for good cause shown. In his or her discretion, the Presiding Officer may deny or allow, in whole or in part, a motion to amend or make additions or corrections to a Responsive Filing.(6)Copies. A Party shall file five copies of its Responsive Filing, unless the Presiding Officer directs otherwise. The text and data in the Responsive Filing also must be filed electronically in a format determined by the Presiding Officer. Concurrently, a Party shall serve two copies of its Responsive Filing on the State Rating Bureau, and one copy on every other Party. By agreement of the Parties concerned, copies may be served on a Party electronically.Amended by Mass Register Issue 1278, eff. 1/16/2015.